New Environmental Protection Law Wields "The Most Stringent Ticket In History"

"The newly revised" environmental protection law "will be formally implemented in January 1st next year, and the sewage companies should make preparations. Do not wait for the EPA to check the door and say that they do not know. In November 18th, at the Forum on implementation of the new environmental law held by the China environmental record society, Li Zheng, deputy investigator of the Environmental Protection Bureau of the Ministry of environmental protection, said.

On April 24, 2014, the eighth session of the twelve NPC Standing Committee voted to adopt the revised draft law on environmental protection. According to the regulations, the newly revised "environmental protection law" will be implemented from January 1, 2015.

The new environmental protection law has increased the punishment intensity by adding daily penalty, seizure, detention and administrative detention. It is called "the most stringent environmental protection law in history", which means that from 2015, enterprises will face a brand new and more stringent environmental protection law enforcement environment.

However, the latest survey of listed companies' environmental and social responsibility investigation office and other agencies found that many enterprises know little about the new environmental law and even have some illusions.

　　 All sectors applaud "daily penalty".

Although extensive growth has brushing up economic data, it has also brought serious environmental problems to China, which seriously exceeds the environmental purification and carrying capacity. Environmental problems such as water pollution, air pollution and soil pollution have concentrated on the outbreak. Environmental governance has been caught in a vicious circle of illegal sewage disposal, inadequate enforcement by supervision departments, and no complaints from victims.

The introduction of the new environmental protection law is expected in front of China's harsh environmental reality. "Some business executives are not afraid of fines, but if they restrict their personal freedom, the losses will be great." Li Zheng said.

"Some enterprises have buried sewage pipes and made them perfect." Wang Wei, director of the administration of justice and justice of the Ministry of environmental protection, said that after the implementation of the new environmental protection law, illegal sewage enterprises will not only be fined, but also the relevant responsible personnel will be penalized by administrative detention. If they are hazardous waste, they will be held criminally responsible.

At present, there are about 30 laws concerning environmental protection in China, 90 administrative laws and regulations, and a large number of environmental standards. Wang Wei said that the National People's Congress clearly defined the environmental protection act as the basic law in the environmental field, and stipulated the basic environmental system.

Reporters learned from the Ministry of environmental protection, the promulgation of the new environmental protection law, the Ministry of environmental protection to the relevant departments to decompose 54 specific tasks, responsible for drafting the implementation details.

Not long ago, the Ministry of Environmental Protection released the 4 interim documents on Interim Measures for environmental protection by successive penalties, the Interim Measures for the implementation of environmental protection, seizure and seizure, the Interim Measures for the regulation of environmental protection production and production stoppage, and the Interim Measures for the disclosure of environmental information of enterprises and institutions.

Wang Wei said that the innovation of the new environmental law lies in the establishment of the principle of "protection priority" and "responsibility for damage". Environmental protection is no longer compatible with economic development, but is coordinated with economic development and social development and environmental protection. The government, enterprises and the public are the three main bodies of responsibility.

The sixty-ninth provision of the new environmental protection law stipulates that the leading cadres' falsification, falsely reporting and concealing pollution will take the blame and resign. When environmental violations occur and cause serious consequences, the leading officials in charge of the local government, environmental protection departments and other regulatory departments should "take the blame and resign".

Aiming at the problem of "low illegal cost and high cost of law-abiding", the new environmental protection law has designed "daily penalty". Wang Wei, for example, polluters illegally polluters, according to the number of days to calculate the fine, not to cap, until the penalty to the enterprise correction.

In this interview, our reporter learned that the "daily penalty" was welcomed by all circles. Chang Jiwen, deputy director of the resources and environment policy of the State Council Development Research Center, has said before that "many penalties are imposed on the day".

Li Zheng said that the environmental protection department's efforts to crack down on illegal polluters increased significantly over the past two years. "Since the introduction of the two high judicial interpretations last year, the number of cases transferred to the public security department by the environmental protection department has been more than 700, exceeding the total number of cases transferred in the past 10 years. In the first half of this year, the environmental protection department transferred more than 800 cases to public security, which has exceeded the total number of last year.

According to the new environmental protection law, the environmental protection department will also set up a "blacklist" system, and the illegal information of enterprises will be included in the integrity file. In listing, financing and other sectors will be strictly limited. "The Ministry of environmental protection is carrying out standardization and refinement on relevant work and other departments such as the NDRC." Wang Wei said.

　　 The biggest challenge comes from local governments.

"China's biggest challenge lies in the government, especially the local governments," At the above symposium, Gong Yuyang, general manager of the environmental technology center of central China (Beijing), said, "in some places, some government officials attract investment all day long, and they are very close to the enterprise. How do they supervise it?"

Gong Yuyang said he had received two short messages, one was sent to him by the director of environmental protection somewhere at night. He said he was working on a demolition site to assist the urban management department to remove the house. Another message, the environmental secretary, said he was investing in Shenzhen.

"The director of Environmental Protection said he was busy with investment and other business for a week," 5+2, and "white and black". Gong Yuyang said that after the implementation of the new environmental law, the key is to set the right position for the government.

Experts also said that China's legal system construction is still not perfect, especially in some economically backward grass-roots areas, administrative intervention is still very serious, and some large polluters are often also large profits and taxes, and are "particularly care" by some local leaders.

In view of the issue of local protectionism, the new environmental protection law clearly stipulates that local people's governments at all levels should be responsible for the environmental quality of their administrative regions, and increase financial investment in protecting and improving the environment, preventing pollution and other public hazards, and improving the efficiency of the use of financial funds.

According to the new environmental protection law, if the environmental protection department fails, the NPC can supervise. Every year the government reports to the NPC. It can also be supervised by the public, including public participation and democratic supervision. In addition, judicial supervision, environmental protection departments do not perform their duties, and the public can take the environmental protection agency to court.

"In addition to increasing enforcement efforts, pollutant discharge standards need to be improved." At the forum, He Yuanping, deputy general manager of Polytron Technologies Inc in Beijing, said.

He said that in recent years, only 500 billion yuan has been invested in sewage treatment in China, and its strength and determination can be seen. However, up to now, we still have to face the increasingly serious problem of "water pollution, water shortage and drinking water insecurity".

"I think one of the most serious problems in China's sewage treatment is the low discharge standards of pollutants in sewage treatment plants." He Yuanping said.

The sixteenth chapter of the second chapter of the new environmental protection law stipulates that "the people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local pollutant discharge standards which are stricter than those of the state's pollutant discharge standards for projects already specified in the national pollutant discharge standards." He hoped that water pollution areas should raise the standard of local sewage discharge and return to a clear water and blue sky.

　　 Strict enforcement remains to be tested.

Twenty-fifth new environmental laws environmental protection The sixtieth section stipulates that the environmental protection department can take measures to restrict production, stop production and renovate and shut down the environmental violations that exceed the standard and exceed the total amount.

Chang Ji Wen's biggest concern is whether he can enforce the law strictly. "If the seizure power is seized, the environmental protection department dares not to arrest, and how to cooperate with it." He said that the environmental regulatory authorities will face greater pressure on the next step. They must exercise their rights. Law enforcement is not a simple law enforcement.

According to our reporter, before the issue of "detention" in the new environmental law, the relevant departments also have different views. At present, the relevant rules are still under negotiation, and will eventually be led by the Ministry of public security.

For the issue of seizure and seizure, grass-roots environmental protection departments also have difficulties in implementation. An environmental protection bureau official in Henan province told our reporter that "once the environmental protection department has seized the facilities and equipment of enterprises, it will need to pay for the storage fees. Our daily inspection and enforcement fees are already very tight. "

"In view of this problem, we put forward in the implementation details that the environmental protection department's funds needed for seizure and seizure should be included in the administrative budget of this organ and guaranteed by the same level of finance." Ji Gang, director of the administrative enforcement penalty Office of the environmental monitoring bureau, said.